Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
09-50426
|
U.S. v. Leal-Felix
In calculating defendant’s criminal history, traffic violations resulting in imprisonment are treated as arrests for sentencing purposes. |
Criminal Law and Procedure |
|
Nov. 1, 2010 | |
04-55831
|
Smith v. Mitchell
Habeas relief must issue where there is no verifiable evidence to support prosecution’s theory that defendant shook baby to death. |
Criminal Law and Procedure |
|
Oct. 31, 2010 | |
10-30247
|
U.S. v. Krane
Although court has jurisdiction over appeal of order directing law firm to comply with subpoena, defendants' guilty pleas render appeal moot. |
Criminal Law and Procedure |
|
Oct. 31, 2010 | |
H033197
|
People v. Long
In peremptory challenge where race is at issue, prosecutor has to prove that non-race based reason given can stand on its own. |
Criminal Law and Procedure |
|
Oct. 31, 2010 | |
S175242
|
In re Jenkins
Actual work participation, rather than mere willingness to work, is required for inmate to receive lower security evaluation. |
Criminal Law and Procedure |
|
Oct. 28, 2010 | |
B220315
|
People v. Greenwood
Traffic stop is reasonably based on officers’ objective belief that based on DMV records, vehicle’s registration was expired despite temporary permit. |
Criminal Law and Procedure |
|
Oct. 28, 2010 | |
A124763
|
Smith v. Superior Court (People)
'Sutton' does not alter finding that court violated defendant's statutory right to speedy trial by continuing trial beyond 60-day limit. |
Criminal Law and Procedure |
|
Oct. 28, 2010 | |
07-99013
|
Williams v. Ryan
Court must hold evidentiary hearing for defendant’s claim of 'Brady' violation where evidence discovered after conviction contradicts prosecution’s theory at trial. |
Criminal Law and Procedure |
|
Oct. 26, 2010 | |
08-16472
|
McNeal v. Adams
Hearing on prosecution's motion to compel DNA sample is not 'critical stage' at which absence of defense counsel requires per se reversal. |
Criminal Law and Procedure |
|
Oct. 26, 2010 | |
08-55728
|
Pearson v. Muntz
District court properly determines that state court’s decision approving governor's decision to reject parole was unreasonable application of 'some evidence' test. |
Criminal Law and Procedure |
|
Oct. 26, 2010 | |
08-50121
|
U.S. v. Vela
Lack of sentence does not necessarily preclude appellate jurisdiction when defendant is found not guilty by reason of insanity. |
Criminal Law and Procedure |
|
Oct. 26, 2010 | |
08-35002
|
U.S. v. Berry
Court may address untimely evidence-based 28 U.S.C. Section 2255 motion as motion for new trial where government waives objection to timeliness. |
Criminal Law and Procedure |
|
Oct. 25, 2010 | |
S176983
|
People v. Engram
Lack of available courtroom due to State’s neglect in timely bringing criminal defendant to trial does not constitute good cause to delay trial. |
Criminal Law and Procedure |
|
Oct. 25, 2010 | |
09-30122
|
U.S. v. Redlightning
Defendant’s voluntary agreement to submit to police questioning is not ‘seizure’ under Fourth Amendment. |
Criminal Law and Procedure |
|
Oct. 25, 2010 | |
B220129
|
People v. Graves
Trial court errs in denying prosecution's request to trail criminal case within statutory speedy trial period. |
Criminal Law and Procedure |
|
Oct. 25, 2010 | |
B206569
|
People v. Sanders
Sentencing for subordinate term shall consist of one-third of middle term of imprisonment prescribed for each felony conviction where consecutive term is imposed. |
Criminal Law and Procedure |
|
Oct. 24, 2010 | |
S079179
|
People v. Bacon
Trial court has discretion in deciding whether foundational evidence is sufficient in establishing preliminary fact. |
Criminal Law and Procedure |
|
Oct. 21, 2010 | |
G042010
|
People v. Torres
Defendant convicted based on unlawful inventory search is entitled to separate review of denials of motions to set aside and to suppress. |
Criminal Law and Procedure |
|
Oct. 21, 2010 | |
A124358
|
People v. Powers-Monachello
Although admissible at preliminary hearing, extrajudicial statements must be accompanied by independent evidence to support conspiracy charge. |
Criminal Law and Procedure |
|
Oct. 20, 2010 | |
08-50429
|
U.S. v. Mitchell
Sentencing judge may depart downward for defendant sentenced as career offender to account for sentencing disparity between crack and powder cocaine. |
Criminal Law and Procedure |
|
Oct. 20, 2010 | |
08-72188
|
In re Gonzales
Capital habeas petitioner is entitled to stay pending competency determination even if his claims are record-based or legal in nature. |
Criminal Law and Procedure |
|
Oct. 20, 2010 | |
08-99005
|
Earp v. Cullen
District court errs in permitting witness to invoke privilege against self-incrimination without determining basis for invocation. |
Criminal Law and Procedure |
|
Oct. 19, 2010 | |
F057147
|
People v. Sanchez
'Marsden' hearing is appropriate where defendant implies desire to withdraw plea on ineffective assistance of counsel basis. |
Criminal Law and Procedure |
|
Oct. 19, 2010 | |
S176171
|
Kling v. Superior Court (People)
Court may allow disclosure of identity of subpoenaed third party and nature of documents sought by defendant in criminal trial. |
Criminal Law and Procedure |
|
Oct. 18, 2010 | |
S172589
|
Lopez v. Superior Court (People)
Prisoner determined to be mentally disordered offender may not challenge certification based on static commitment criteria after initial one-year period. |
Criminal Law and Procedure |
|
Oct. 18, 2010 | |
09-30151
|
U.S. v. Lozano
Arrival of suspicious package addressed to defendant, after inquiry of postal workers’ protocol for suspicious drug packages, gives rise to reasonable suspicion. |
Criminal Law and Procedure |
|
Oct. 18, 2010 | |
B216215
|
People v. Newton
Stayed sentence for prior conviction may be used for sentence enhancement regardless if defendant was actually sentenced for crime. |
Criminal Law and Procedure |
|
Oct. 18, 2010 | |
C062665
|
People v. Dooley
Correctional officer in charge of civil committees in jail’s medical ward is ‘custodial officer’ under Penal Code Section 831. |
Criminal Law and Procedure |
|
Oct. 18, 2010 | |
C059777
|
People v. Assad
Defense pinpoint jury instruction is not appropriate where such instruction is duplicative of other instructions on offenses’ elements. |
Criminal Law and Procedure |
|
Oct. 17, 2010 | |
G042582
|
People v. Wayman
Qualified patients under Compassionate Use Act may only transport medical marijuana in way reasonably related to their medical needs. |
Criminal Law and Procedure |
|
Oct. 17, 2010 |